Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the StateJanet, Paul
Philosophy
Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the State
Janet, Paul
Ethics
It may be true that in strict law, and from the standpoint of positive
law, the promise may be obligatory only and capable of enforcement when it
has been accepted, and accepted in an obvious and open way; but in natural
law and in morality, the promise is obligatory in itself. Of course, it is
understood that the promise bears on something advantageous to him to whom
we make it; for if I promise some one a thrashing, it cannot be maintained
that I am obliged to give it to him; and if he to whom I make the promise
will not receive what I offer, I am by that very fact relieved from my
promise; for one cannot give anything to another against his will; I am
under no obligation to him who will not receive anything from me. But if
the promise bears on something advantageous to any one, I am obliged to
keep it without asking myself whether he to whom I made it, is disposed
to accept it; presuming still that he will accept it. It is therefore not
the explicit acceptance of a thing that renders the promise obligatory; it
is the explicit refusal which relieves one of the promise; and together
with that it would be necessary that the refusal be absolute and not
contingent; for even then the promise may remain obligatory, at least in
its general principles, while undergoing some modification in the
execution.
Is one obliged to keep his promise when the fulfillment of it is injurious
to those to whom it was made? "No," says Cicero; for example:
Sol had promised Phaethon, his son, to fulfil all his wishes. Phaethon
wished to get on the chariot of his father; he got his wish, but at
the same instant he was struck with lightning. It would have been
better for him had his father not kept his promise. May we not say the
same of the one Theseus claimed of Neptune? This god having made him
the promise to grant him three wishes, Theseus wished for the death of
his son Hippolytus, whom he suspected of criminal love.[34] How bitter
the tears he shed when his wish was accomplished! What shall we say of
Agamemnon? He had made a vow to immolate the most beautiful object in
his kingdom; this was Iphigenia; and he immolated her; this cruel
action was worse than perjury.
The truth of this doctrine cannot be contested. However, it is necessary
to understand this exception in the strictest sense, and not to seek in
the pretended interest of the person one obliges, a pretext to change
one's mind. For example, if you have promised any one a post which he
accepts and desires, you cannot be allowed to relieve yourself of it, by
supposing that the post will in reality be a disadvantage to him, and that
you will give him a better one another time.
Some other exceptions are pointed out by the moralists and jurists; for
example:
1. Necessity relieves of all promise. If, for example, I have promised to
go to a meeting and am kept in bed by a serious illness, it is impossible
for me to go, and hence I am relieved of my promise.
Public-domain text, read in full here on John Shaqi.
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